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On The Stage Of Investigation Suspects Protection Of The Rights Of The Defence

Posted on:2005-08-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y F SiFull Text:PDF
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Right to defense is a basic right of criminal suspects, defendants given by constitution in criminal litigation, and is the core of the litigation rights of criminal suspects and defendants. Being a democratic right, it has the following three characteristics: that is exclusiveness, defensiveness and absoluteness. Being a legal right, it has the following five attributes: that is benefit property, proposition property, qualification property, powers and functions property and freedom property. Right to defense is the general name of the series enjoyable litigation rights of criminal suspects aiming against accusation to explain and refute in criminal litigation. The essence that constitution and law give criminal suspects the right to defense is to guarantee in criminal litigation procedure to create a situation to make criminal suspects be able to explain aiming against accusation and provide the proof to prove himself has not offense and state his views to the basis and content of accusation, provide the material to be given a light sentence, reduce or dissolve criminal responsibility, use legal means to make a reflection to the action of a special organization of the country, and at the same time, with the help of defender, to protect the lawful rights and interests of himself.In investigation period, the content for criminal suspect to defense has a wide range, which not only includes the right to defense and the way of operation of criminal suspect, also includes some necessary litigation rights of criminal suspect to realize litigation rights, and other related litigation rights which is valuable to guarantee litigation rights. From the content of litigation right itself, it mainly consists of: criminal suspect, in investigation period, has the right to provide the facts, proof and opinion to be beneficial to themselves; Criminal suspects have the right to ask lawyer to provide legal help, etc. The necessary litigation rights to realize right to defense include: criminal suspects have the right to know the detail accusation to him, through their lawyers, have the right to know the concrete content of accusation and corresponding proof; And have the right to keep silence, etc. The writer thinks that in investigation period, the right to defense of criminal suspects mainly consists of thefollowing rights: right to know the facts of the case, right to defense by himself, right to get help from lawyer, right to meet lawyer, right of telecom and right to keep silence.Investigation is the basis of suit and even trial, therefore, the quality of handling case of the period will produce important affection to trial. It has been a long history that investigation has been made in the unopened principle, it is thought that investigation period is "the most dangerous and most frightful period" for a criminal suspect. Ensuring the right to defense of criminal suspects in investigation period especially lawyer intervening investigation to help criminal suspects to defense, promoted the relative balance between the right of criminal suspects and the right of investigation organizations, strengthened the right to prevent of criminal suspects in investigation procedure, and ensured the investigation procedure to be fair; Defenders intervene investigation period to carry out effective supervision and constraint to investigation activities, make investigation organizations, at the same time to investigate offense and realize the criminal penalty right of the country, prevent infringing upon personal right and property right of criminal suspects, enhance the open politics of the case of investigation period, it is not only the important protective defense for the reasonable rights of criminal suspects from illegal infringement to make the procedure main-body position of criminal suspects be guaranteed, and can supervise investigation people to collect proof according to legal program, to ensure the quality of collected proof material, and ensure defenders have sufficient time to know case investigation and collect necessa...
Keywords/Search Tags:investigation period, criminal suspect, right to defense, guarantee
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